Have you been the victim of a crime and been harmed? What are the defence options under Czech law and when can you claim damages in criminal proceedings? We take a closer look at this in our article.
Have you been the victim of a crime and been harmed? What are the defence options under Czech law and when can you claim damages in criminal proceedings? We take a closer look at this in our article.
Kamila, who did not know how to claim compensation in a case involving her dog, contacted the law firm Dostupný advokát. The dog had undergone a minor procedure at the vet, but the reaction and consequences were very significant: the dog stopped eating, showed tremendous pain and fever. After two days, she had to be taken to another clinic, where she was found to have incipient sepsis, requiring the removal of some necrotic organs and a major reoperation with several days of hospitalisation, transfusions and the administration of many drugs. The total cost of the additional treatment amounted to sixty thousand crowns. Mrs Kamila wanted to know how she could claim damages.
In cases such as this, it is crucial to make a written claim for damages by the victim, ideally with the help of a solicitor who will ensure that all the supporting documents are correctly formulated and documented. Such a claim for compensation must be clear, understandable and addressed to the person or institution responsible for the damage.
There are situations that offer more than one legal solution and it is up to the client, in consultation with us, to choose the one they consider appropriate.
In this case, it seemed likely to us that the veterinarian who had unprofessionally performed the original procedure would not want to risk his reputation and would be amenable to an out-of-court settlement. We therefore suggested to Ms Kamila that the ideal solution was to send a pre-action notice. This would allow her to avoid any court proceedings and obtain compensation very quickly. The vet might have been able to claim on his insurance policy and might have been more amenable to the proposed settlement. In the event of failure to agree such a settlement, it would be possible to proceed further to civil proceedings in which the money spent could be recovered in court.
However, Mrs Kamila rejected the proposed solution, as she concluded that her primary concern was not even the money spent, but proving the guilt of the person who had so fundamentally damaged her dog and caused it great suffering. She therefore enquired about the possibility of a similar procedure in criminal proceedings. We therefore summarised the possibilities, advantages and disadvantages of such a procedure.
If the responsible party has liability insurance, a claim for damages by the injured party against the insured is also an option. This procedure is used, for example, in the case of damage caused by a traffic accident, medical malpractice or other professional activity. The model claim for compensation by the injured party against the insured is often used for this purpose and contains precise wording and mandatory elements. If the injured party communicates directly with the insurer, care must be taken to ensure that the claim is in writing and signed by the injured party, otherwise the claim may be rejected as invalid.
The key to success is a well drafted written claim for compensation to the injured party, which must be addressed to the correct entity and contain all the necessary information about the damage and its cause. It is advisable to include the exact amount, evidence of the damage and a statement as to why the claim should be allowed. For ease of reference, you can use a template for a written claim for damages by the injured party, which helps to follow the legal form and avoid mistakes that could lead to the claim being rejected.
Have you suffered damage to your health, property or reputation? We can help you get fair compensation for assault, car accident, medical procedure or other injury. With us, you won’t get lost in criminal or civil proceedings.
An effective tool for victims of crime who wish to obtain compensation without having to pursue separate civil court proceedings is the so-called adhesion procedure.
Adhesion proceedings allow the injured party (victim of the crime) to pursue his or her claim for compensation directly in the context of criminal proceedings against the accused.
This process is referred to as bringing a claim for damages in criminal proceedings and is common, for example, in cases of compensation for victims of crime or compensation for assault. The victim, i.e. the injured party in a criminal case, has the opportunity to join the prosecution and make a claim as early as the filing of the criminal complaint.
Tip: How to proceed if you want to claim compensation in criminal proceedings? What is an adhesion procedure, how does it work and under what conditions? We have looked at this in more detail in our separate article.
If you have been injured and want to claim compensation in a criminal case, there are a few basic legal requirements. These are crucial for the court to accept your claim for compensation at all. Similarly, damages can be claimed in other types of proceedings – for example, in misdemeanour proceedings. In this case, a claim for damages in the misdemeanour proceedings is used. This procedure is typical for traffic offences, personal injury or damage to property.
The first step is to time your claim correctly. The claim for damages must be filed no later than the time the main trial in your case begins, which is before the evidence begins. If a plea bargain is negotiated, you must file your motion at the first plea hearing. The statute of limitations on damages is also an important consideration. In the case of both damages and unjust enrichment, the general three-year subjective limitation period applies, which starts to run from the date on which the injured party knew (or should have known and could have known).
It is essential that your claim for damages is as thorough and detailed as possible for a successful claim. Your submission must contain clear and specific information about the extent and nature of the damage caused to you. It is important to argue convincingly why the defendant is responsible for the damage and to justify how his actions are connected to your damage.
Also specify the amount you are claiming in compensation. This amount should correspond to the actual amount of damage that can be proven. Crucially, all allegations in the claim must be carefully supported by evidence. This evidence may include, for example, invoices for repairs or replacement goods, receipts documenting expenses incurred as a result of the crime, damage estimates provided by qualified experts, medical reports of injuries, or evidence of your usual income if you are claiming compensation for lost earnings.
By attaching these documents to your claim, you significantly increase the chances of your claim for damages being successful in the criminal proceedings. A clearly and logically structured submission, supported by relevant evidence, is the basis for the court to rule in your favour.
Without a clearly defined and documented claim that explains how the damages were incurred and why the defendant should be held liable for the damages, the court cannot grant your request. Courts are not obliged to look for evidence themselves, so it is essential that you provide all relevant information in your application. Although the main evidence in criminal proceedings is taken by the court, its main purpose is to prove or disprove the guilt of the accused, which does not necessarily also prove the amount of your damages. You should therefore not underestimate your burden of proof in this context.
The court will award damages if the defendant is proven to be guilty of the offence and the harm caused by the offence is established. Compensation may be awarded in full or in part, depending on the circumstances of the case.
If all the conditions set out above are met and the victim’s claim is supported by the law and the causal link between the offence and the damage, non-pecuniary loss or unjust enrichment is established, the court shall order the defendant to pay compensation. However, if the evidence does not provide a sufficient basis for establishing an obligation to compensate for the damage or if it would require extensive evidence that would significantly prolong the criminal proceedings, the court may refer the victim to civil proceedings or to another competent authority. Of course, the victim will also fail if the crime is not proved at all and the proceedings are dismissed.
In practice, the victim is often referred to initiate civil proceedings in order to avoid making the process too complicated for the court.
The court decides on compensation for damages as part of the decision on the merits, i.e. in the judgment by which the accused is either found guilty or acquitted. If the accused is found guilty, the court may also decide on damages in that judgment.
The decision on damages may be challenged by means of the normal criminal appeals.
Whether a claim for damages is brought by the victim against the insured, in criminal or misdemeanour proceedings, it is always important to proceed carefully and have sufficient evidence. If you decide to file a claim for damages to the injured party using the template, you should supplement it with specific details from your case. Each situation is individual – so we recommend consulting with an attorney who can help you draft your claim accurately according to the law and defend your rights as a victim in a criminal case.
If you are the victim of a crime or other event that causes you property or non-property damage, you have the right to seek compensation. This claim can be brought either in criminal proceedings (known as adhesion proceedings), in misdemeanour proceedings or through civil proceedings, or against the insured if the victim is insured. The key is a written and signed claim for compensation by the victim, which must contain precise details of the damage, the amount claimed and evidence of the damage. The claim must be made in good time – no later than before the evidence in the main trial – and must be supported by documents such as invoices, medical reports or expert reports. A properly drafted claim for damages by the injured party significantly increases the chances of success and can lead to a quick court decision without the need to initiate separate civil proceedings. If the court finds the defendant guilty and proves a link between the crime and the damage, it will award full or partial compensation to the victim. In the event of more complex litigation or a denial of a claim, it is advisable to contact an attorney to prepare the necessary documents, including filing a claim for damages, and to ensure that your rights as a victim in a criminal case are effectively protected.
Tip: Have you been a victim of a crime? Whether it’s the theft of a wallet on a tram, a violent assault in a park, or domestic violence, victims of crime have rights under the law. Let’s take a look at what to do in such a case and what you are entitled to.
A written claim for compensation by the injured party must clearly define to whom the claim is addressed, what damage has been caused, what the amount of the damage is, and on what grounds the injured party is seeking compensation. It must also include annexes – for example, medical reports, invoices, receipts or expert reports. Such a written and signed claim for compensation by the injured party is crucial for the claim to be valid and admissible by the court or insurance company.
In criminal proceedings, the victim can bring his or her claim directly against the accused – this is called an adhesion proceeding. The application must be filed at the latest before the evidence at the main trial begins. If the court proves that the accused is guilty, it can also decide on damages and award compensation to victims of crime, for example, for assault or other personal injury. If the evidence is too complex, the court may refer the victim to civil proceedings.
If the person who caused the damage has liability insurance, you can claim damages from the insured directly from the insurer. Such a claim for damages by the injured party against the insured must always be in writing, supported by evidence of the loss and made within the time limit set by law. The insurer will then carry out an investigation and decide whether and how much compensation to pay. It is advisable to have a lawyer prepare the correct procedure and communication with the insurance company.
Yes, it is possible to claim damages in misdemeanour proceedings, for example for traffic accidents, personal injury or damage to property. The victim must submit his or her claim in writing to the competent administrative authority no later than at the hearing on the offence. If the perpetrator is found guilty, the authority may decide on compensation directly in the proceedings. If the decision goes beyond the scope of the offence proceedings, the victim is usually referred to the courts.
The rights of the victim in criminal proceedings include, in particular, the possibility to inspect the case file, to submit motions to supplement evidence, to participate in the main trial and to claim compensation for damages. The victim also has the right to be informed of the progress and outcome of the proceedings and, in some cases, to compensation from the State for victims of crime. The legal assistance of a lawyer can be essential in these situations to effectively assert rights and obtain fair compensation.
Get compensation for harm or damage – quickly and without stress. We will assess your chances, propose a strategy and prepare a challenge. All within 48 hours of placing your order. If necessary, we will then file a lawsuit and arrange legal representation. We will stand up for you fully.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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